BILL NUMBER: AB 1803	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 18, 2014

   An act to amend Section 6716 of, and to add Sections 6717.1,
6717.2, 6717.3, 6717.4, 6717.5, and 6717.6 to, the Labor Code,
relating to occupational safety and health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1803, as amended, Skinner. Occupational safety and health:
lead-related construction registration program.
   Existing law requires the proposal, review, and adoption of
standards and requirements to protect the health and safety of
employees who engage in lead-related construction work.
   This bill would establish a registration program that, with
certain exceptions, would require employers and contractors who
perform lead-related construction work, as defined, to register with
the Division of Occupational Safety and Health before commencing
work. The bill would require payment of an application fee for
registration in an amount determined by the division as prescribed
and would require annual renewal of the registration with the payment
of a renewal fee established by the division. Under the bill, those
fees would be deposited into the Lead Contractor Registration Fund,
which the bill would create, with the moneys in the fund to be used,
upon appropriation, for the purpose of investigating, registering,
and renewing registrations for lead-related construction work. The
bill would require an application to include specified information
and a declaration that any information provided by the applicant is
genuine, true, and correct to the best of the applicant's knowledge,
and would impose a civil penalty for false statements, enforceable by
a public prosecutor. The bill would require the division to deny an
application if it makes a specific determination and would authorize
an employer or contractor to appeal that denial to the Director of
Industrial Relations. The bill would establish administrative
penalties to be imposed by the division for violations of these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6716 of the Labor Code is amended to read:
   6716.  (a) For the purposes of Sections 6717 to 6717.6, inclusive,
"lead-related construction work" means any  of the
following: 
    (1)     Any 
construction, alteration, painting, demolition, salvage, renovation,
repair, or maintenance of any building or structure, including
preparation and cleanup, that, by using or disturbing lead-containing
material or soil, may result in significant exposure of employees to
lead as determined by the standard adopted pursuant to Section 6717.

   (2) The transportation, disposal, storage, or containment of
materials containing lead on site or at a location at which
construction activities are performed. 
   (b) "Lead-related construction work," as used in Sections 6717 to
6717.6, inclusive, does not include any activity related to the
manufacture or mining of lead or the installation or repair of
automotive materials containing lead.
  SEC. 2.  Section 6717.1 is added to the Labor Code, to read:
   6717.1.  (a) Any employer or contractor who will be engaging in
lead-related construction work, as defined in paragraphs (1) to (7),
inclusive, of subdivision (a) of Section 1532.1 of Title 8 of the
California Code of Regulations as adopted pursuant to Section 6717,
or any successor to those provisions, shall apply for and obtain a
registration from the division before commencing work, except as
follows:
   (1) For purposes of the registration under this section,
"lead-related construction work" means and refers to work performed
in the removal, demolition, or abatement of existing materials and
does not include the installation of new, previously unused
construction materials.
   (2) An employer or contractor is not required to obtain
registration under this section to work on a job in which the amount
of lead-containing materials to be disturbed by the employer or
contractor is less than 100 square or linear feet, whichever is
applicable, or in which the amount of lead in the materials to be
disturbed is less than 0.5% by weight or 1.0 milligram per square
centimeter of surface area.
   (b) An application for registration shall be accompanied by an
application fee in an amount to be estimated by the division to equal
the per-applicant cost of the registration program in excess of the
amount of moneys collected in renewal fees assessed pursuant to
Section 6717.3.  These   The division shall
deposit  fees and renewal fees collected pursuant to Section
6717.3  shall be deposited  into the Lead Contractor
Registration Fund, which is hereby created. All moneys in this fund
shall be available, upon appropriation, for the purpose of
investigating, registering, and renewing registrations for
lead-related construction work.
   (c) The application shall include all of the following information
and attachments with a declaration stating that the information,
attachments, and any other information provided by the applicant are
genuine, true, and correct to the best of the applicant's knowledge:
   (1) Proof of a valid California contractor's license.
   (2) Proof of workers' compensation insurance.
   (3) Proof of sufficient employee health insurance coverage for any
medical surveillance costs imposed by Section 1532.1 of Title 8 of
the California Code of Regulations, or any successor to that
regulation.
   (4) Proof that all training and certification requirements for
employees engaged in lead-related work pursuant to Section 1532.1 of
Title 8 of the California Code of Regulations, or any successor to
that regulation, have been completed.
   (5) Other information and attachments as the division determines
to be necessary to evaluate the health and safety of the proposed
employment and place of employment.
   (d) Notwithstanding Section 6426, if, in a declaration required by
subdivision (c), a declarant willfully states as true any material
fact he or she knows to be false, that person shall be subject to a
civil penalty of up to ten thousand dollars ($10,000). Any public
prosecutor may bring a civil action to impose the civil penalty. The
application for registration shall include a statement advising
declarants of the penalty authorized under this provision.
   (e) Within 15 business days after the receipt of an application,
the division shall notify the registration applicant either that the
application is complete or what is necessary to complete the
application. The division shall notify the applicant that the
application is granted, or that it was denied with reasons for that
denial specified in the notice, within 30 business days after the
date of submission of a completed application.
  SEC. 3.  Section 6717.2 is added to the Labor Code, to read:
   6717.2.  (a) The division shall deny an application for
lead-related construction work registration if it determines, based
on available facts, including the information provided by the
employer or contractor in the application for registration, the
employer or contractor has failed to show that the conditions,
practices, means, methods, operations, or processes used or proposed
to be used will provide a safe and healthful place of employment. The
division shall consider the employer's or contractor's compliance
history with the division. The division shall  immediately
 notify the employer or  contractor,  
contractor immediately,  in writing, of the reasons for a denial
of an application for registration, and shall send a copy of that
notification to the director.
   (b) An employer or contractor may appeal the denial by the
division of an application for registration to the director. The
director or his or her designee shall select a place convenient to
the parties for the hearing, which shall be held within two working
days after the receipt of the employer's or contractor's appeal. The
employer or contractor shall have the burden of establishing that it
qualifies for registration.
   (c) The director or his or her authorized designee shall preside
over the hearing, which shall be open to employees and any employee
representative or representatives. The employer or contractor shall
notify the employees or employee representative or representatives of
any appeal hearing a reasonable time prior to the hearing. Proof of
this notification by the employer or contractor shall be provided at
the hearing.
   (d) The director's decision after an appeal hearing concerning an
application for registration shall be final unless  the employer
or contractor files  a request for rehearing  is filed
 with the director within 10 days after the date the
director's decision is rendered, or unless the decision is appealed
to the courts as provided by law.
  SEC. 4.  Section 6717.3 is added to the Labor Code, to read:
   6717.3.  (a) A registration for lead-related construction work
shall be valid for one year after the date of issuance by the
division.
   (b) An employer or contractor engaged in lead-related construction
work shall annually file an application to renew its registration
with the division at least 30 days before the expiration date of its
current registration along with a renewal fee to be established by
the division. The  division shall deposit  renewal 
fee shall be deposited   fees  into the Lead
Contractor Registration Fund established by subdivision (b) of
Section 6717.1.
  SEC. 5.  Section 6717.4 is added to the Labor Code, to read:
   6717.4.  (a) The division may hold a hearing to determine if a
violation of a duty specified in Section 6717.1 has occurred. Notice
shall be given and the hearing conducted in accordance with the
Administrative Procedure Act (Chapter 5 (commencing with Section
11500), Part 1, Division 3, Title 2, Government Code). The division
shall have all the powers granted by that chapter. If the division
determines on the basis of the hearing that a violation has occurred,
it shall order the violator to pay monetary penalties, as follows:
   (1) Five thousand dollars ($5,000) for a first finding of a
violation for failing to register as required by Section 6717.1.
   (2) Twenty thousand dollars ($20,000) for a second or subsequent
finding of a violation of Section 6717.1.
   (b) It is a defense to a proceeding under this section if the
owner, contractor, employer, public agency, or agent thereof acted
under a belief that Section 6717.1 was inapplicable because no lead
was present and proves, by a preponderance of the evidence, that he
or she made a reasonable effort to determine whether lead was
present.
   (c) The penalties under this section shall be in addition to any
other penalty or remedy provided by law.
  SEC. 6.  Section 6717.5 is added to the Labor Code, to read:
   6717.5.  The division, at any time, upon a showing of good cause
and after notice and an opportunity to be heard, may revoke or
suspend a lead-related construction work registration issued by the
division.
  SEC. 7.  Section 6717.6 is added to the Labor Code, to read:
   6717.6.  The program to register employers and contractors who
perform lead-related construction work established in Sections 6717
to 6717.6, inclusive, shall be funded solely from the funds in the
Lead Contractor Registration Fund. To the extent possible, the
division shall consolidate the administration of the program to
register employers and contractors who perform lead-related
construction work with the administration of the program to register
persons doing asbestos-related work.